Erich Unger’s The Stateless formation of the Jewish People today. by Gerardo Muñoz

The same year that Carl Schmitt’s Political Theology (1922) appeared in the intellectual scene of the Weimar Republic defending the exceptional of the decision against immanentism, a short opuscule entitled Die staatenlose Bildung eines jüdischen Volkes (The stateless formation of the Jewish People, 1922) written by Jewish philosopher Erich Unger was published as an untimely response to the question of “Jewish identity” (Judentum) and its fate in the wake of civilizational collapse. The fact that this essay – as well as his 1921 book Politics and Metaphysics, which Walter Benjamin described as the most important political reflection of his time – has remained on the fringe of intellectual history, political theory, and the history of thought is something that anyone must seriously reflect upon. It should not come to a surprise that this text comes back today to attentive readers evidences how every creation, event of speech, or written word does not reside in the preventive invention of a specific audience; but, on the contrary, in the way that its words, images, and thought will generate the evanescence community of extemporal readers. The century that separates us in time from Unger’s essay bears witness to its ultimately proximity and prophetic calling. 

In 1922, for Unger, very much like for us today, thinking about politics meant finding a way out of a catastrophic politics [1]. If Politics and Metaphysics had suggested the necessity of an existential and energetic exodus for breakthrough against civilizational sedentary absorption and domestication, in The stateless formation of the Jewish People (1922) Unger argues critically against a state Zionist project that artificially, and through the anti-universalism paradigm of force (just as Weil would argue during her war writings about politics in the West) will attempt to “absolute Judaism, and all the manifestation of judaism that remain outside, hostile to the state trend” [2]. For Unger, Zionism as a political ideology and state program fails to come to terms with the concrete “outside the world historical power” that characterizes the universalism of the Hebrews as a theology marked by dispersal in the West; that is, outside the philosophy of history of sacrifice and soteriological incarnation of the Christian eon [3]. Hence, Zionism’s political form of the Jewish people was epochally insufficient – too empirical and thus trapped into the modern logic of racial and biological survival – to express the true conditions to enact as the “a priori” for the question of Judaism as a grounded redemptive universality. And insofar as Zionism presupposes something “outside of itself” (corporeal and spiritual Judaism), for Unger “the demand for an imperial state…must modify its demand, since it should express its underlying basis of the demand differently” [4]. The Hebrew ‘universality’ was metaphysical as much as “concrete”, based on modal ritual and myth, and for this reason at a distance from the discharge of formal logical statements [5].

What did the apriorist consideration of Judaism mean for Unger? The hypothesis in The stateless formation of the Jewish People (1922) was far from bring esoteric: Judaism is a exclusively a spiritual, immutable soul matter that hoevers the surface of the corporeal; and, more importantly, “it governs itself independently through the insubstantial for of a concrete existence” [6]. In other words, for Unger before the unity of the “People”, the articulation of the “movement”, and the erection of a positivist constitution based on Zionist nationalist principles, one should consider the sensible fabric of a people  – a dispersed, multiple, and metapolitical communities that have endured outside the geopolitical and sacrificial structuration of Christian history – that each and every time have insisted on the separation from the subsumption into a sphere of power and domination, into an ethnic-community validated by recognition and its claims to “consciousness” at the most empirical and material level. But this would amount to an effective liquidation – a surrogate for the acceleration of the dominant religion of historicity – of Judaism into yet another planetary religion, and an expression of power that integrates itself into the struggle for the nomoi of a contained and policed world. For Unger, “empirical Zionism” becomes the attempt to reduce Judaism to a “real self-executiving power” that will diminish the “supreme expression of existence” of Judaic spiritualism as “an inner experience that it is not historically given but that must precede it in order to make Judaism an endless and inevitable precondition of a truly world historical project” [7]. In this mold, Judaism will be dispensed into the theaters of the constitutive war of historical progress. 

As such, Judaism as theologically transcendent is not to be conflated into the corset of a political fictive ethnicity, but rather as an autonomous transmission that allows the communication from soul to soul that descends all the way from its metaphysical beginning. And at this beginning that has exerted itself against the whirlwind of historical fixation (the very structure of civilization after Cain according to his mentor, the Jewish theologian Oskar Goldberg) were metaphysical and errant fragments of encounters and communication, of psychological energy and dispersal of shared spiritual goals. If this is lacking, then no political form [for Judaism] will arise, but only a foolish copy of the already-existing, because the spirit cannot be skipped and left out without the rising danger” [8]. It is telling that for Unger this rising danger can emerge not only from indirect powers that exert pressure against the unity of authority – as Schmitt would have in his framework of his theory of sovereignty in Political Theology (1922) – but also, and more dramatically, from the suppression and alienation of the spiritual interiority by which a “people” never coinciding with itself can arrive at the “crystallization point” (sic) outside of the individual [9]. 

Circling back to the problem of “catastrophic politics” – that Schmitt wants to “contain” through decisionism, and that Unger wants to overbecome through an exodus from political thresholds – at the crux of Unger’s indictment of the arcana of Western politics is the “it has set everything in such a way so that the metaphysical or religious area, the internal direction, stands as a mere private thing”, sidestepping the fact that even reality and the constitution of the principle of reality depends on interiority for the possibility of an outside. And it is this outside what allows the a priori historicity that Oskar Goldberg had defended in his book The Reality of the Hebrews (1925). As the late Bruce Rosenstock lucidly argued, for Goldberg (who stands as the unnamed reference in Unger’s position about an experiential Judaism), the “a priori” takes place in an ur-time in which the physical world was closely connected to the transcendental presence of the gods, in which the people cease to be a cultural, ethnic, or identitarian unit in order to become a humanity capable of “overcoming the catastrophic history of wars sparked by competition over scarce resources” [10]. In endorsing the instrumentalized politico-theological reduction of state Zionism, Unger sees the abdication of the “Jews as the people who have driven the spirit the furthest…to cultivate the spirit deeper, more skillful, more subtle, to be the most deeply suitable through this tension” [11]. A true and vital reality was in the conspiracy between souls, wherever and whenever these meet as the ultimate manifestation of the fidelity to the unspeakable mediation between the true life and the divine. 

At the height of 1922, Unger did not suspend from a certain self-afflecting optimism, and towards the end of The stateless formation of the Jewish People (1922) he writes: “The Jews should not overlook their uniquely favorable situation; mainly, they have been materially unhistorical for two thousand years, and the only one that have not been beaten into a reality and into the shackles of the past or the empirical state that others have had to suffer” [12]. In Unger’s reading, Judaism and its errant communities (the ‘wandering Jew’ that Joseph Roth will narrate in these years, but that one must trace to the mythic texture from expulsion of Cain to the marrano) have shown the density to gather through spirit a resistance to the paradigm of force and the technicians in charge of dominating over materialism. As Unger states unequivocally: “the one who technically masters matter is ultimately defeated” [13].

This was Unger’s anti-promethean wager in 1922 skeptical of all political horizons oriented towards foreseeable catastrophes blinded to the underlying cyclical polarity of barbarism and civilization in the West.  The wayward asymptote of a non-catastrophic politics was not to be found in the abstraction of the political concept or the mechanical construction of a state form through assimilation and usurpation, but in what Unger termed, in the most intense poetic moment of his essay, the Hebrew “ increasing decipherability of its own origin”. And unlike Enlightenment historians such as Edward Gibbon who saw the state as the irreversible revolution in world history that brought the age of the nomads to an end; for Unger the twentieth century meant the fixation of the state degenerating in the worst of barbarisms. It was the existence of the unit that must generate the internal limit to the political, and not the political as the external threshold to what is inherited in the world. And yet, insofar the events of thought, language, and imagination take place, the origin (urgeschichte) will always escape what has been sedimented by rubble and wars that fuel planetary destruction and collapse. 

Notes 

1. Erich Unger. Die staatenlose Bildung eines jüdischen Volkes (Verlag David, 1922).

2. Ibid., 6.

3. Ibid., 10.

4. Ibid.,  15.

5. Erich Unger. “Universalism in Hebreism”, trans. Esther J. Ehrman, The Journal of Jewish Thought and Philosophy, Vol.4, 1995, 307.

6. Erich Unger. Die staatenlose Bildung eines jüdischen Volkes (Verlag David, 1922), 8.

7. Ibid., 19.

8. Ibid., 25.

9. Ibid., 24.

10. Ibid., 29.

11. Bruce Rosenstock. Transfinite Life: Oskar Goldberg and the Vitalist Imagination (Indiana University Press, 2017), 172.

12. Ibid., 31.

13. Ibid., 32.

Planetary subsidiarity: an observation on Luigi Ferrajoli. by Gerardo Muñoz

I recently attended a conversation around Luigi Ferrajoli’s most recent book translated into Spanish, Por una Constitución de la Tierra (Trotta, 2022), where the eminent Italian legal positivist defends the construction of a world constitution. The proposal is meant to be taken at face value; that is, unlike world constitutionalism and constituent revolutions models, Ferrajoli departs from the fact that sovereign states are no longer efficient to deal with international indirect powers. For him, a global constitutionalization of the Earth will bring about much needed juridical protection to natural resources, commercial, and migratory disputes that, unlike the already existing international law decrees, will generate binding guarantees between the different global actors. There is a sharp realism in Ferrajoli’s proposal in at least two levels: on the one hand, the insufficiency of state sovereignty is incapable of stable and long term adjudication; and on the other, the lack of guarantees of international law not only do not prevent serious violations of human rights, but also repeatedly provoke it for special interests. What legal positivism promises to achieve at the national level becomes the mirror of international principles that appeal to the concrete techno-geopolitical equilibrium of a historical conjecture.

Perhaps Farrojoli is not willing to admit it, but the crisis of legality is now best understood as the loosening of the formal mediation between principles and norms, which can only complement each other through the executive force and expansion of police powers. This explains why the figure of “equity” has become predominant in both domestic and international legal systems, since ‘aequitas’ is what allows a broad discretionary rule making and norm elasticity in any given situation. It is not difficult  to identify the crystallization of “equity” as the highest axiom that seeks to hold up the structural positionality of social order. But an unchecked legality – now fully detached from modern judicial review – becomes increasingly removed from the conditions of secularized liberal politics. In fact, police powers and principles of equity are no longer dependent on judicial review; on the contrary, it is judicial review that becomes adapted to the balancing of equity of social principles. Obviously, this can only unleash an unbound legal process that is no longer rooted in  judicial minimalism or countermajoritarian rule. 

I am not sure that Ferrajoli is able to escape this problem; in fact, he seems to aggravate it when claiming that what we needed today was “something like a global principle of subsidiarity”. That a great European legal positivist philosopher fully coincided with anti-positivist jurist Adrian Vermeule’s “common good constitutionalism” based on delegated bureaucratic powers of the executive’s discretion, confirms the deep crisis of contemporary legal thought. But such collision is expected, given that the principle of subsidiarity is at the center of a project like that of a constitutionalization of the Earth: the subsidium is no longer understood here as the secularized meeting point between belief and reason, but rather as a policing reserve required to intervene whenever an perturbance  in equity takes place.

It does seem that application of a principle of global subsidiarity rather than crafting a new principle of authority is the result of a “unity of the world” that has turned the world increasingly smaller given the large scales of technological integration, as Carl Schmitt understood early in “La unidad del mundo” (1951). And technological integration presupposes the capacity for total legibility and total transparency, and thus total extraction – it is not difficult to see here a homologous ambition in the Chinese civilizational principle of Tianxia. In this framework, the subsidium can only become compensatory to the ongoing malignant epoch where all authority fails, and thus, in the words of Joseph Roth, “performs  unworthy imitations…with barbarism and falsehood” [1]. A global constitutionalism can only exist through the ongoing production and consumption of mimetic debris; and this is the anomic make-believe that shouts that the world will be given to us in return. 

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Notes 

1. Joseph Roth. “Our homeland, our epoch”, in On the End of the World (Pushkin Press, 2013), 70.